I am Sushil Mandal, residing here in the above said address. I am the Petitioner herein and the petitioner in the HCP 1908 of 2011 in Madras High Court.
I’m facing a lot of Injustice, the one next to another from a year and half. It’s A year and half, my elder son Sandesh is kidnapped by Raj Kumar I.R and his wife Hemalatha. There’s been a lot of delay in the Investigation of the case. After many difficult & tragic Circumstances, the Investigation of the case was transferred to the CB- CID. But they too have a chain of Mistakes done, just like the police.
Here’s the brief look of my Injustice, I’m facing from past one year and half:
On October 15 of 2011, my elder son SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him. I went to the Sipcot Police Station the next day, but my FIR was lodged only two days later. My FIR 368/2011 is dated 18-10-2011.
DELAY IN INVESTIGATIONS BY THE POLICE:
Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh. Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,As a Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him from December 2011 to as on date.
As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:
Ø The Sub collector, Hosur
Ø The District Collector, Krishnagiri Dist
Ø The Assistant Superintendent of Police, Hosur
Ø The Superintendent of police, Krishnagiri
Ø DIG, Salem
Ø IG, Coimbatore
Ø DGP, Chennai
Ø CM- CELL, Tamil Nadu
But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.
When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, Krishnagiri didn’t do as directed.
Prayer to the MADRAS HIGH COURT to produce my son: In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.
WRONG JUDGEMENT, DENIED JUSTICE:
When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.
FALSE CLAIMS BY THE POLICE:
The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.
All this incidents prove a sign of danger to my son.
A RAY OF HOPE:
On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.
(1) The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.
(2) The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven  days from the date of receipt of the said intimation.
(3) The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.
(4) Post the matter after three months.
This order was issued on 11-07-2012 for the HCP 1908/2011.
FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:
I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two  and half Months. The Investigation of the case came to stand still.
As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was M. Rajan, DSP, Salem, CB –CID. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two  months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.
IMPLEAD ADGP, CB-CID:
On 25 September 2012, I filed a Implead Petition at the Madras High Court, with my prayer to implead the ADGP, CB-CID. This implead was under the HCMP 1/2012. When the case as heard, a notice was sent to the ADGP, CB-CID.
DELAYED INVESTIGATION,FALSE REPORTS BY THE ADGP, CB-CID:
A Counter Affidavit was filed by the DSP, CB CID behalf of 3rd respondent i.e. the ADGP, CB-CID consisting of all false statements and thus saving Raj Kumar I.R and his wife Hemalatha. They stated that the Investigation had been started earlier where as The investigation was started only on 04.09.2012. I also have evidence to prove them. My statements in the HCMP 1/2012 are true. All the statements by the CB Cid are false, Then clear that the DNA reports could also be forged by them. They also concluded that UID body (374/2011) is of my son’s. But I myself had seen the body at the spot with 10 of my colleagues/friends/ relatives and the UID body is not that of my son’s. None of the Investigation process are ever informed to me. I am not only the Complainant but the Petitioner here in too, I am the Father of Sandesh. Its much wrong that one can concludes that the photo identity, a broken tooth or the dress of the UID body corresponds to that of my Son’s. It is me who looked after my son from his birth and grown him into a well behaved boy. The Sipcot Police, the Superintendent of police and the CB-CID are stating all that is FALSE. I or any of my family members have never said so. The UID Body is not of my Son’s, It belongs to a 40 year old. I have strict proof to prove the fact.
The Division bench in Court hall 3, Justice Nagappan never listens to us. They provide time to the CB- CID even when I have evidence to prove my words and Dissatisfaction towards their Investigation.
POLICE DESTROYS GENUINE DOCUMENTS, EXCUSE IN MEMO CUM SPECIAL REPORT:
On 9 December 2012, a police personal Karunanidhi – A head constable, Sipcot PS called me from his number at 20.10 hrs and asked me to come to the DSP office, Hosur Immediately. I said I’m in Chennai along with my family for the hearing of my case. The same day at 20.15 hrs Ravi- Police officer from DSP Office, Hosur called me again and asked me to come to the DSP office, Hosur, he said he needed my statement to file a Charge sheet against some Police officers. I said him that I would attend the hearing of the case and come. Therefore I got an appointment of Tuesday.
When I went to the DSP Office, Hosur on 11 December 2012, I was shown the Memo in C.No: B2/4557/2012,Dated 17.7.212 of Dy. Inspector of Police, Salem Range, Salem and the Special Report filed by the Inspector Of Police, Murugan, Mathigiri PS addressed to the Inspector General of Police, West Zone, Coimbatore. Sir, all the possible efforts are being taken by the police to Save Raj Kumar I.R and his wife Hemalatha, who are much influenced. Not only the four police officers did wrong, but all the Investigating Officers including Former DSP, Ramyabharathi, Former SP, Abhishek Dixit, Krishnagiri and even DIG Sanjay Kumar Singh, salem range are involved in the case.
The lapses against the police officers is a planned event for a formal excuse for Destroying the genuine Statements, documents and other facts which were actually once recorded by the Police.
Ø Murugan in his report said Kamalesan, Inspector Salem had not recorded the statements of the people, but whereas Former DSP, Ramyabharathi had filed a Status report in the Court which read all the statements of the people that were recorded. All of them now have been destroyed by the police.
Ø Inspector Murugan & Former SP, Abhishek dixit had made an attempt to close the case by claiming a dead body of a 40 year old man (Registered 374/2011 at Sipcot PS on 24/10/2011) which is false. They fabricated reports, statements. But when the truth was that the UID Dead Body was not that of my son’s at all. I also have evidence to prove my words.
Ø The report also read that no documents were recorded pertaining in the 368/2011 were recorded by the Officer. If it had been so, then how DIG, Sanjay Kumar Singh, Salem Range in his statement to the Times of India said “the clothes have been identified, and the clothes of the dead body corresponds to the missing boy”? This is entirely false. The DIG, being a high ranked police officer blindly stated this; unaware of what is written in my FIR 368/2011.
Ø The DIG, Sanjay Kumar Singh had also signed a petition of mine in my presence and asked the SP, Abhishek Dixit to alter 368/2011 into a kidnapping case and arrest Raj Kumar I.R and Hemalatha immediately. But after that neither the SP, Krishnagiri took any action nor did the the DIG, Salem.
Ø None of the police officers have never informed me on the Investigation process. I also have evidence. When asked, they replied that they would answer the court and not me.
Ø And the Most Important thing is that the Memo and the Special report are signed by the concerned officers all in the dates of 7th Month of 2012 (July) but after almost 5 months this Memo and the Special report is bought to Notice, now in December 2012.
I or any of my family members have never given any Statements to the Police. All the possible efforts are being taken by the police to save Raj Kumar I.R and his wife Hemalatha.
I stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son SANDESH in +1 and the younger SANDEEP in 9th Grade. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.
Looking into the circumstances, I hereby pray you to take strict actions against all for their wrong doings and give back my son, Sandesh Immediate.